Respondent is a business that owns and operates two (2) refrigerated warehouse and storage facilities located in Nebraska and Minnesota. The Nebraska facility is located in EPA Region 7 and the Minnesota facility is located in EPA Region 5. Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process at its Nebraska facility. Subsequent to the EPA inspection, representatives of the EPA initiated an investigation of Respondent’s Minnesota facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. On or about October 10, 2017, prior to the initiation of EPA’s investigation into Respondent’s Minnesota facility, Respondent filed an RMP for the Minnesota facility. Information gathered during the EPA investigation revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process at its Minnesota facility, prior to the filing of the RMP for the Minnesota facility. From the time Respondent first had onsite greater than 10,000 pounds of anhydrous ammonia in a process at the Nebraska facility and the Minnesota facility, Respondent was subject to Program 3 prevention program requirements at each facility because, pursuant to 40 C.F.R. § 68.10( d), the covered process at both facilities did not meet the eligibility requirements of Program 1 and were subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119.
Allegations of Violation